Yorta Yorta Co-operative Management Agreement
Yorta Yorta Co-operative Management Agreement | Fact Sheet | Map | Q & A's
For the first time in Victoria, an agreement has been reached outside the native title process for indigenous people to be formally involved in the management of their traditional lands and waters.
The Yorta Yorta Co-operative Management Agreement is a land and water management agreement reached between the State and Yorta Yorta Nation Aboriginal Corporation.
The Yorta Yorta management agreement is a landmark in this state for involving indigenous people in the management of their traditional land outside of a native title process.
Through this Agreement the Government recognises the contribution that indigenous people can make to land management.
The Agreement creates a forum for including the Yorta Yorta Nation in the management of major public lands within their traditional country.
Crown Land affected by the Agreement is in north central Victoria and includes the Barmah State Park, Barmah State Forest, Kow Swamp and specific parcels of public lands and waters along the Murray and Goulburn Rivers – a total of 50,000 hectares.
Co-operative Management Agreement (PDF - 2.5 Mb)
Yorta Yorta Co-operative Management Agreement Fact Sheet (PDF - 197 Kb)
Map (PDF - 611 Kb)
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Q and A’s
Who does Yorta Yorta Nations Aboriginal Corporation (YYNAC) represent?
YYNAC was incorporated under the Commonwealth Aboriginal Councils and Associations Act 1976 on 27 November 1998. The organisation was created to represent all Yorta Yorta Family Groups including those representing the Bangerang, Kailtheban, Wollithiga, Moira, Ulupna, Kwat Kwat,Yalaba Yalaba and Nguaria-iiliam-wurrung clans.
The YYNAC undertook to represent and incorporate the views of all the Family Groups of the Yorta Yorta Nation in its negotiations with the State.
Why was YYNAC established and what are its objectives?
YYNAC was established, amongst other objectives, to represent the members of the Family Groups who are descendants of the Original Ancestors of the Yorta Yorta peoples; to acknowledge those Original Ancestors of the Yorta Yorta peoples; to make decisions and act on any matters of significance to the Yorta Yorta peoples; and to enter into agreements with any person, Government agency or authority in relation to the protection of Yorta Yorta country.
What is the Yorta Yorta Co-operative Management Agreement?
The Yorta Yorta Cooperative Management Agreement (“the Agreement”) is a land and water management agreement reached between the State of Victoria and YYNAC that provides a formal role for the Yorta Yorta peoples in management of certain lands and waters within their traditional country. Lands and waters covered by the Agreement are referred to as the “Designated Areas”.
On what basis was the Agreement established?
Following the Full Federal Court’s rejection of the Yorta Yorta peoples’ native title appeal in February 2001, but prior to the High Court’s final determination that the Yorta Yorta peoples’ native title claim had been unsuccessful, this Government offered to enter into negotiations with the Yorta Yorta peoples outside of the native title process. Its intention was to engage the Yorta Yorta peoples in a process that could advance reconciliation and the creation of partnerships, rather than rely on court proceedings for solutions.
This Government is strongly opposed to dealing with native title claims through the courts. Its preference is to resolve outcomes through negotiation, and this Agreement clearly demonstrates the merits of that approach.
The Agreement, which effectively establishes a partnership between the State and the Yorta Yorta peoples, is a symbolic and practical measure towards reconciliation. It recognises the Yorta Yorta peoples’ connection to their land and waters and values the Yorta Yorta peoples’ involvement in planning and management.
Why is the Agreement significant?
The Agreement represents a landmark in this State for involving Indigenous peoples in the management of their traditional country outside of a native title process. It acknowledges the Yorta Yorta peoples’ cultural connection to country and creates a partnership between the State and the Yorta Yorta peoples based on recognition, mutual respect and shared goals.
The Agreement creates a forum for including Yorta Yorta peoples in the early stages of public land planning and development. It is a positive step for integrated land management (improving Government decision-making processes and land management outcomes) and meeting Indigenous land management aspirations.
The Agreement advances reconciliation by formally recognising the Yorta Yorta peoples and the significant contribution that the Yorta Yorta peoples make to land and water management.
How will the Agreement operate in practical terms?
The Agreement establishes an eight-member committee (5 members representing the Yorta Yorta peoples through YYNAC and 3 members representing the State) known as the Yorta Yorta Joint Body. The Joint Body will provide advice to the Minister for Environment and the Secretary of the Department of Sustainability and Environment in relation to management of the Designated Areas, including advice on the development and review of management plans, works programs and major developments.
Whilst the Minister will retain ultimate decision-making authority, the sharing of information and understanding between State and Yorta Yorta representatives in the Joint Body forum will influence Government decision-making in the future.
To what regions will the Agreement apply?
The Agreement applies to specific parcels of Crown land and waters in North Central Victoria within traditional Yorta Yorta Country. Key areas are the Barmah State Park, Barmah State Forest, Kow Swamp and Crown land and waters along designated sections of the Murray and Goulburn Rivers.
What kind of management decisions will be influenced by the Agreement?
Land managers – primarily the Department of Environment and Sustainability and Parks Victoria - will refer planning and development proposals to the Joint Body for its consideration. The Joint Body will be invited to provide advice and make recommendations in relation to those matters, including:
- development and review of strategic management plans;
- development and review of site specific management plans;
- development of work programs; and
- the effect of major developments on cultural heritage.
Does the Agreement mean that Indigenous and non-Indigenous Australians will be subject to two separate management arrangements in the Designated Areas?
No. The Agreement provides an opportunity for the Yorta Yorta peoples to provide advice to the Minister as part of a co-operative arrangement in the Designated Areas. Ultimate decision-making responsibility remains with the State, and in that sense one management regime will apply.
It is intended that information and advice will be shared between the Yorta Yorta Joint Body and other boards and communities with advisory and management responsibilities, and that successful working relationships will develop. Land and water management advice provided by the Yorta Yorta peoples will improve Government decision-making processes for the benefit of all without disadvantaging other stakeholders.
Shouldn’t all public land and water be managed co-operatively with Aboriginal groups anyway?
Yes. As the traditional custodians of country, Victoria’s Indigenous communities have a strong aspiration to be involved in natural resource management, and the State recognises the significant benefits of inclusive and integrated management. The State is committed to creating opportunities for management partnerships and removing the barriers that currently lock Indigenous communities out of this traditional role.
What will be the practical differences between the implementation of this Agreement and the need for the State to consult with Aboriginal groups on public land matters elsewhere in the State?
The Agreement represents a very positive step for Victoria in its recognition of the Yorta Yorta peoples, and provides on-going opportunities for Yorta Yorta peoples’ involvement in land and water management beyond those that stem from consultation under the Aboriginal and Torres Strait Islanders Heritage Protection Act 1984. The Agreement:
- establishes new benchmarks and introduces the Joint Body concept as a response to increased participation and engagement of Indigenous peoples in natural resource management;
- promotes a genuine sense of partnership and pro-active “caring for country” management, including cultural heritage management; and
- provides training and economic development opportunities for Yorta Yorta peoples.
How was the Agreement established?
The Victorian Cabinet approved negotiating principles in mid 2002. Since that time confidential discussions between representatives of the State and the YYNAC, and chaired by the Honourable Tony Fitzgerald QC, have taken place on Yorta Yorta country.
An in-principle agreement was reached in late 2003 and was endorsed by Cabinet and Yorta Yorta Elders early 2004 - subject to final amendments.
Who will fund the Agreement?
The Agreement will be funded by the State.
Does the Government propose to enter into negotiations with other Indigenous communities in relation to land and water management arrangements?
Yes. This Agreement demonstrates that land and water management agreements can be reached outside of the native title process.
Will timber harvesting and cattle grazing in the Barmah Forest be affected by this Agreement?
The Joint Body has no authority to permit or exclude activities in relation to the designated areas, or to alter existing management regimes.
Any recommendations in relation to timber harvesting and/or grazing in Barmah will be referred to the Minister who retains ultimate decision-making powers. The Minister will take into account the views of the Joint Body, along with the views of existing Boards, Committees and other stakeholders with advisory and management responsibilities. If advice received by the Minister is conflicting, the Minister will seek the advice of the Yorta Yorta Joint Body in relation to the conflicting matter before making a decision.
The Agreement provides the Joint Body with an opportunity to provide advice in relation to planning and development studies / policies / proposals that affect the Designated Areas. This will expose Government to the unique perspectives of the Yorta Yorta peoples, enabling traditional knowledge to influence and improve decision-making processes and natural resource management outcomes for all.
Will the Joint Body be subject to review?
Yes. The Yorta Yorta Joint Body will be subject to ongoing review by the YYNAC and the State.
Will public access to parks, forests and reserves be affected by the Agreement?
No. The Agreement does not require any changes to public access arrangements or fees to parks, forests or reserves within the Designated Areas.